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03.02.040.a Family and Medical Leave





Family and Medical Leave Act of 1993 was passed by Congress to balance the demands of the workplace with the needs of families, to promote the stability and economic security of families, and to promote national interests in preserving family integrity; to minimize the potential for employment discrimination on the basis of sex by ensuring generally that leave is available for eligible medical reasons (including maternity-related disability) and for compelling family reasons; and to promote the goal of equal employment opportunity for women and men.


Pursuant to the Family and Medical Leave Act of 1993 (“FMLA”), any eligible employee may be granted up to a total of twelve (12), or in some cases twenty six (26), weeks of unpaid, job-protected family and medical leave for one or more of the following reasons:

  1. For the birth of a child and to care for the child after birth, provided the leave is taken within a 12-month period following birth;
  2. For the employee to care for a child placed with the employee for adoption or foster care, provided the leave is taken within a 12-month period following adoption;
  3. For the employee to care for the employee’s child, spouse, or parent, where that child, spouse, or parent has a serious health condition;
  4. Because the employee has a serious health condition that makes the employee unable to perform the functions of the employee’s position;
  5. Because of any qualifying exigency where the employee’s spouse, child of any age or parent is a military service member under a call or order to federal active duty in support of a contingency operation; or
  6. Because of the need to care for a family member or next of kin who has a serious injury or illness while serving in the armed forces. For this provision, the amount of FMLA is up to twenty six (26) weeks within a 12-month period.